Indive Analytics Pty Ltd (or “Indive Analytics”, “Us”, the “Company” or “We”) complies with the law of the Commonwealth of Australia, including the directives of the Australian Consumer Law as per the Australian Competition and Consumer Commission (ACCC), with the Australian Government directives and Australian Law Reform Commission submissions concerning the Digital Economy including ‘automated analytical techniques’, and with the Australian Communications and Media Authority Spam Act 2003.

You (or the “Client”) are to review the following binding Terms and Conditions for the Use of our Website, services and products – digital or tangible in nature – before entering in any transaction – paid or not, including viewing our Website – with Us.

We would like to draw your attention to all clauses contained in these Terms and Conditions, including:

  • 1.4 related to the restrictions of use of our website, products and services
  • 2.2 concerning our right to delay commencement until a payment is received
  • 4.2 in relation to our timely communication of circumstances that may prevent product or service delivery
  • “6 Cancellation policy” and “7 Refunds”
Definitions
  • As Used herein, “Content” or “Information” means intellectual property (including trade secrets, software and source code), information or data existing and/or communicated in any form, including, but not limited to, oral, written, graphic, electronic, or electromagnetic forms.
  • “Your Content” shall mean any audio, video text, images or other Information that You choose to display on our Website or share with Us.
  • “Output” or “Outcome” refers to the end result – tangible or intangible – of a productive process involving our products or services and it includes, but it is not limited to, the definition of Content or Information.
1. Terms of Use
  1. Content created by Indive Analytics is must be Used in accordance with the Law of the Commonwealth of Australia and the country in which the Client operates or resides.
  2. Other than the Content You own, under these Terms and Conditions, Indive Analytics and/or its licensors own all the intellectual property rights, materials and Information contained in our Website or produced during the creation or use of one of our products or services.
  3. You are granted limited license only for purposes of viewing the Content contained on our Website or to use the Information that our products and services provide.
  4. You are specifically restricted from all of the following:
    1. publishing any of our Website Content in any other media
    2. selling, sublicensing and/or otherwise commercializing any of our Website Content or Information deriving from the purchase of our products or services unless agreed by Us in writing
    3. publicly performing and/or showing any of our Website Content or Information deriving from the purchase of our products or services unless agreed by Us in writing
    4. using our Website or Information deriving from the purchase of our products or services in any way that is or may be damaging to our Website or Indive Analytics
    5. using our Website or Information deriving from the purchase of our products or services in any way that impacts User access to our Website, our products or services
    6. using our Website or Information deriving from the purchase of our products or services contrary to applicable laws and regulations, or in any way that may cause harm to our Website, any person or business entity
    7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to our Website in a way that infringes our Copyright
    8. using our Website to engage in any advertising or marketing unless agreed by Us in writing
    9. using Information deriving from the purchase of our products or services to engage in any activity that may directly or indirectly infringe the rights of any person or business entity
2. Terms of service
  1. Indive Analytics offers Web-design, digital marketing, programming and analytics services to its Clients.
  2. Indive Analytics reserves the right to delay the commencement of any service or the provision of any product until We receive definite evidence of a payment that should occur before commencement, may it be a deposit, upfront, retainer or other payment as per “4. Payments”.
  3. We also reserve the right to cancel an order for a product or service before a Client’s payment takes place or in occasion of a full refund as per clause “6. Refunds” concerning unilateral termination by use for causes other than force majeure.
  4. The terms of the products and services and their scope of works are contained in the quote, invoice or other communication that We provide to our Clients. If the Client agrees in writing, We may alter the scope of works or any additional terms of service included in the invoice via the creation of an amended invoice and/or the electronic submission of a signed letter of amendment.
3. Your Content
  1. By displaying Your Content on our Website or sharing it with Us, You grant Indive Analytics a non-exclusive, worldwide irrevocable, sub licensable license to Use, reproduce, adapt, publish, translate and distribute it in any and all Content.
  2. Your Content must be Your own and must not be invading any third-party’s rights. Indive Analytics reserves the right to remove any of Your Content from our Website or its archives at any time without notice.
  3. Indive Analytics reserves the right to store and Use any publicly available Information collected as part of the provision of a product or services to You at its own discretion. This exclude non-obvious elaborations of publicly available Information regulated by other agreement between You and Indive Analytics with due note for clauses 5 and 6 of these Terms and Conditions in relation to partial or complete Output in our possession that has not been delivered to and/or paid by You.
  4. In case a Confidentiality Agreement or other written agreement is put in place between You and Indive Analytics, the agreement may add to and supersede this Terms and Conditions clause in relation to the use of Your Content as per clause “12. Entire agreement” of these Terms and Conditions.
4. Quality guarantee
  1. Indive Analytics will provide products and services of the advertised quality and, accordingly, we will make our best effort to accurately convey the quality of products or services in any communication taking places between You and Us, including advertisement of our products and services not directly aimed at You.
  2. Indive Analytics also undertakes to inform You in a timely fashion if a particular Outcome or Output cannot be delivered on time or at all due to technical, force majeure or other reasons. In such circumstances, We undertake to refund You according to “6. Refunds” and assist You to find an alternative provider.
  3. In case of a cancellation or refund is sought, your payment will be refunded net of any cost incurred by us until the moment a cancellation or refund is sought. We undertake to provide an accurate and complete summary of the costs that We incurred.
  4. In case of a cancellation or refund is sought only for a specific output or component within a larger scope of works, We undertake to provide an accurate estimate, grounded in our quote and communication with You, for said output and component. Your payment will be refunded according to that estimate, net of any cost incurred by us until the moment a cancellation or refund is sought.
5. Payment terms
  1. Indive Analytics reserves the right to delay the commencement of any service or the provision of any product until evidence of deposit or other payments have been confirmed by You and/or received within our bank account.              
  2. We normally request payments via electronic transfer of funds. The invoice that We provide to You will inform You on the payment deadline and any additional terms of payment.
  3. Payment are Usually a combination of:
    1. Upfront payment or
    2. Deposit and/or
    3. Complete final payments or
    4. Retainer and/or
    5. Weekly payments or
    6. Monthly payments or
    7. Annual payments
6. Cancellation policy
  1. You are allowed to cancel Your request to access any of our products or service in writing via email to info@indiveanalytics.com, using the Contact Us form or to any of our staff.
  2. Upon cancellation You automatically forfeit any right to any Output in possession of Indive Analytics that was not delivered to You unless otherwise indicated by Us in writing.
  3. We undertake to check our emails regularly and, at a minimum, at 9:00 AM, 1:00 PM and 4:30 PM GMT+10 on Mon-Fri. It is Your responsibility to ensure that We received Your cancellation email, and You may follow it up with a phone call to +61 481 186 499.
  4. You may cancel:
    1. Free of charge and at any time before making a payment
    2. Free of charge and at any time after Your payment is processed but before any cost is incurred by Indive Analytics in result of Your request for a product or service
    3. With a penalty equivalent to the costs incurred by Indive Analytics to deliver the product or service that You requested if you can prove to us that the cancellation is due to circumstance that are not under Your control.
7. Refunds
  1. In the event that Indive Analytics could not deliver a certain Outcome or Output due to technical reasons, We undertake to refund You for the full value of that component and any other that hinges on it if part of a larger project, product or service.
  2. If Indive Analytics unilaterally cancels the delivery of a product or service for force majeure reasons and we can prove, You will be provided a refund net of any cost incurred by Indive Analytics. You will also be provided with any partial or complete Output relative to the service or product that your requested that is in our possession that is covered by said costs incurred by us.
  3. If Indive Analytics unilaterally terminates the delivery of a product or service for reasons other than force majeure, you will be provided a full refund without any partial or complete Output relative to the service or product that your requested that is in our possession.
  4. In the case that You desire to cancel the delivery of a product or Service, You will be refunded net of the cost incurred by Indive Analytics in the delivery of that product, service or component until Your cancellation.
    1. In the case no Output was delivered to You before Your cancellation, that Output remains possession of Indive Analytics unless otherwise indicated by Us in writing.
    2. In the case a complete Output has been already delivered by Indive Analytics but the payment terms are such that complete payment for that Output has not been received by Us (see “4 Payment terms”), You will required to complete payment for the completed Output for a total that may not surpass the overall cost of the product or service as per our quote, invoice or written communications to which You agreed prior to the delivery of the Output. You will then be refunded the remaining amount if any balance is outstanding.
  5. In the case You sought a refund or cancellation because the Output, may it be component of a larger project or service or not, does not meet the expectations set out in writing within any communication between You and Indive Analytics, including its officers, directors and employees, then Indive Analytics undertakes to remediate to faults until expectations are reasonably matched.
    1. If remediation was not possible, Indive Analytics undertakes to refund  You the price that You paid – if payment already took place – for said Output, component of a larger project or service net of the cost incurred by Indive Analytics and to assist you to find an alternative provider as per “3. Quality Guarantee”.
8. Privacy and data collection policies
  1. Our privacy policy is listed on our Website at https://www.indiveanalytics.com/privacy/.
  2. Indive Analytics reserves the right to store and Use any publicly available Information collected as part of the provision of a product or services to You at its own discretion. This exclude non-obvious elaborations of such publicly available Information regulated by other agreement between You and Indive Analytics with due note for clauses 5 and 6 of these Terms and Conditions in relation to partial or complete Output in possession of Indive Analytics that have not been delivered to You.
9. Limitation of liability
  1. In no event shall Indive Analytics, nor any of its officers, directors and employees, be held liable for anything – include courses of action or damages – arising out of or in any way connected with Your Use of our Website or the Company’s products or services, whether such liability is under contract.
  2. Under no circumstance our Content represents financial advice.
  3. Indive Analytics, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to Your Use of our Website, the Company’s products or services.
10. Indemnification
  1. By viewing our Website, entering in a transaction with Us – paid or not, or reviewing these Terms and Conditions, You indemnify to the fullest extent Indive Analytics from and against any and/or all liabilities, costs, demands, courses of action, damages and expenses arising in any way related to Your breach of any of the provisions of these Terms and Conditions.
11. Severability
  1. If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
12. Variations of Terms and Conditions
  1. Indive Analytics is permitted to revise these Terms and Conditions at any time as it sees fit, without notice, and by using our Website or any of the Company’s products or services, You are expected to review these Terms and Conditions on a regular basis.
13. Entire Agreement
  1. These Terms and Conditions constitute the entire agreement between Indive Analytics and You in relation to Your Use of our Website, the Company’s products and services, and supersede all prior agreements and understandings unless so specified by us in writing.
14. Governing Law and Jurisdiction
  1. These Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of Queensland, and You submit to the non-exclusive jurisdiction of the state and federal courts located in the Commonwealth of Australia for the resolution of any disputes.